When To Start Eviction Process?

Question

I have a potential eviction in Memphis TN! If signs show a potential eviction on the horizon due to tenant not returning phone calls and allowing my contractors inside to estimate repairs and simply dodging me for the past week, can I/should I begin the processing the eviction through the courts prior to the lease being up on Dec 31st? What are my options? Id like to get ahead of this.

Account Closed · Answer

A lot depends on the city the property is in.

If you did a traditional purchase and used a closing attorney and a title report and had a purchase & sale agreement  signed by the seller outlining the purchase and any agreements you made, you will have an easier (though not necessarily "easy" time.

However, in any event you gave him until Dec 31 to move, so he can ignore you until Jan 1.

If you used creative financing or didn't use an attorney to close, all bets are off.

If the property is in a city that has a current eviction moratorium, then all bets are off.

Crystal Smith · Answer

While a tenant not returning phone calls or allowing contractors in may be a bad sign- Are they paying the rent on time?  Your options are to start with your lease- What does it say regarding communications between you and your tenant or allowing contractors in. if your tenant is on time with his rent and complying with your lease then you don't have a case to evict.  If the lease is ending on December 31st you can provide the tenant with a notice that you're not going to renew the lease (You will have to check with your state and county law on how much notification you have to provide)

Theresa Harris · Answer

Check your local laws, but often as long as you provide notice, you can enter the property.  If you have a lot of contractors going in, I can see how the tenant would be annoyed.  If the purchase offer stated he could stay until the end of the year-that is the contract that you use.  Hopefully your lawyer told you to hold back some money until he was out to make sure the property was returned in the same condition as when you viewed it prior to purchase.

Start the eviction in Jan.

Sean McKee · Answer

@Conte Cuttino- I can't speak for Memphis but a lot of local laws allow for reasonable access during normal business hours. I would post of a notice of entry on door stating the exact date and time you will be entering. Show up at that time, knock and then enter if nobody responds.  If the tenant is there and still refuses entry, then this could be construed as a breach of contract, at least that's how it works where I'm at. You could then proceed to evict. It doesn't matter a lot of times if they are month to month with an oral lease. Both the tenant and landlord are still subject to state and local laws.

I don't know how the eviction process works is in Memphis, but in Chicago it's slanted in the favor of the tenant and takes months. I would personally see if you can find a different alternative to get them to comply. It's easier for everyone if there is not a big fight involved.

Conte Cuttino · Answer

Account Closed I have given a 30 day lease termination notice and he has up till the 31st. He's stopped communicating with me which has prevented me from scheduling contractors for quotes. One contractor had to turn around because he wouldn't come to the door. Also this was the previous owner that I inherited as a tenant till the end of the year as per the purchase agreement. No lease agreement was drawn up. Should that be a concern should I have to evict?

Account Closed · Answer

In most areas you have to have "cause" to evict. This includes missing a rent payment or whatever is included in your rental agreement. You can't start an eviction just because you "think" someone will do something against the rent agreement. So, if they have already broken the rent agreement, you start the process if you choose to do so.

If they are month to month you simply give them written notice you are not going to renew. The method varies by jurisdiction. Look into local landlord tenant laws.

AJ Singh · Answer

@Conte Cuttino

let an eviction attoney handle the process ...It will cost you a few legal dollars but the outcome will be better for you. I am not sure why are you scheduling contractors when the house is not vacant yet. Let the tenants move out and then get the rehab bids..right now winter is a slower time to rent anyway..

Conte Cuttino · Answer

UPDATE!

Bad News. Now the tenant living situation he was moving to has people with covid and he's saying he wont be able to move their until Jan 8th. I am hesitant to allow him to stay as I would want to begin my construction work when his lease is due on the 31st, but I was willing specially since he said he wouldn't mind allowing me to do the work needed on the outside of the house while he's still their. But... His daughter has a different tone. When my guys came by to take measurements she completely flipped on them claiming harassment and threatening to call a lawyer for not letting her be at peace till the lease is up on the 31st. Its clear my tenant/the previous owner and his live in daughter are on two separate pages and it appears she runs things when she's around. and Now he's MIA again since Dec 22nd. How do you think I should go about this as the 31st is shortly upon us?

Conte Cuttino · Answer

UPDATE

Good News! The tenant finally got back to me. He’s an older gentleman with a new phone that he says was on do not disturb smh. I was assured he’s packing to leave and I was able to schedule the contractor viewing. Fingers crossed on everything going smooth from this point on. Thanks all for the valuable information l, very much appreciated.

When To Start Eviction Process?

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